Climate change and conveyancing

Last year The Law Society decided that the conveyancing process should now include consideration of climate change and advice to clients. Unsurprisingly the search industry has risen to the challenge and now offers a variety of additional elements to its environmental searches. But what does this mean in practice for conveyancers? What should you tell clients? Where are the limits of your experience and clients’ expectations? In which scenarios is this going to be a major issue: residential, commercial, development, leasehold or freehold?

We will look at techniques to meet this new challenge and advise clients appropriately, including:

• What is the Law Society saying we must do?
• Can the client opt out – the need for ‘informed consent’?
• What do you put in client care letters as a result?
• What types of transactions are affected – residential and commercial – it’s all about the context?
• What is the search companies offering and how do they compare?
• What happens if it is found to be affected ?
• Can you manage the risk, or should you withdraw?